HomeMy WebLinkAboutOrdinance 3922 CITY COUNCIL DID NOT TAKE ACTION
ORDINANCE NO. 3922
ZONING CASE TR25-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING
SECTIONS 118-1, "DEFINITIONS," 118-631, "TABLE OF PERMITTED
USES," AND 118-633, "LEGEND FOR SECTION 118-631," OF CHAPTER
118, "ZONING," OF THE CODE OF ORDINANCES, CITY OF NORTH
RICHLAND HILLS, TEXAS, TO PROVIDE A DEFINITION OF SHORT-TERM
RENTAL; TO ESTABLISH ZONING DISTRICTS WHERE SHORT TERM
RENTALS ARE ALLOWED BY RIGHT; TO ESTABLISH CONDITIONS FOR
OPERATION OF SHORT TERM RENTALS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY;
PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the establishment
of zoning districts of such number, shape, and area as may be best suited
to carry out these regulations; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills does not authorize
or provide for the operation of short-term rentals within the City, yet such
uses have nonetheless operated without approval in single-family
residential districts; and
WHEREAS, in an effort to understand the impact of short-term rentals operating within
the City, the City has collected extensive community input through an
electronic survey, physical surveys distributed at a dedicated town hall
meeting, comments made during such town hall meetings, email
communications submitted, and comments made during public hearings
specifically regarding short-term rentals and the regulation of same; and
WHEREAS, the City also obtained input and comments from the operators of short-term
rentals through the same methods mentioned for community input, as well
as through two meetings held specifically for operators to attend and
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provide feedback and input on short-term rentals and the regulation of
same; and
WHEREAS, residents have reported adverse impacts from increased traffic, reckless
driving, on-street parking congestion, loud noise, and public nuisances
associated with short-term rental activity; and
WHEREAS, short-term rentals have, in certain instances, been the source of large
gatherings, parties, and events incompatible with the residential character
of single-family districts; and
WHEREAS, the operation of unauthorized short-term rentals in single-family
neighborhoods has generated complaints regarding excessive noise, late-
night disturbances, and the disruption of residential quiet enjoyment; and
WHEREAS, many residents stated that they did not anticipate transient lodging
operations when they purchased their homes, and view such uses as
incompatible with their expectations of neighborhood stability and
residential character; and
WHEREAS, the frequent turnover of short-term rental occupants undermines long-term
neighbor-to-neighbor relationships and erodes the fabric of the community
by reducing communication, familiarity, and trust among residents; and
WHEREAS, neighborhoods have expressed concern that the continual turnover of
transient occupants diminishes the sense of safety, predictability, and
accountability that is characteristic of stable residential communities; and
WHEREAS, mapping and analysis of the input from residents demonstrates that the
negative impacts associated with short-term rentals are widespread and
concentrated in single-family neighborhoods across the City; and
WHEREAS, the City has reviewed data and information from other cities' experiences
with short-term rentals and used this data and information to develop a
regulatory structure; and
WHEREAS, further the American Planning Association has acknowledged that there are
many reasons for regulating short-term rentals, including the potential for
the transformation of peaceful residential communities into "communities of
transients" where people are less interested in investing in one another's
lives, the potential for knowing or unknowing violation of local rules resulting
in public safety risks, noise issues, trash problems and parking problems,
the so-called "party house" issues, less availability of affordable housing
options and higher rents, negative impact on local service jobs, lost tax
revenue, and to alleviate tension between operators and neighbors; and
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WHEREAS, the City Council is also aware of many articles, stories, and examples
related to the public perception of the negative impacts of short-term rentals;
and
WHEREAS, the City also obtained and reviewed a study published July 14, 2021, that
found that a higher presence of Airbnb listings predicted higher levels of
violent crime, a correlation between higher presence of Airbnb and
increased violent crime the following year, a correlation between higher
presence of Airbnb and increased violent crime over a two-year period (Ke
L, T. O'Brien D, Heydari B (2021) Airbnb and neighborhood crime: The
incursion of tourists or the erosion of local social dynamics?); and
WHEREAS, the purpose of the Zoning Ordinances of the City of North Richland Hills is
to promote the public health, safety, morals, and general welfare in
accordance with a comprehensive plan; and
WHEREAS, zoning regulations are established with reasonable consideration for the
character of each district and its suitability for particular land uses, with a
view toward conserving property values and encouraging the most
appropriate use of land; and
WHEREAS, the proliferation of short-term rentals in single-family neighborhoods
threatens these purposes by introducing uses inconsistent with the
character and intended stability of such districts; and
WHEREAS, zoning regulations are further intended to lessen congestion in the streets,
provide safety from fire, panic, and other dangers, ensure adequate light
and air, prevent overcrowding of land, avoid undue concentration of
population, and provide for adequate transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, unregulated short-term rental activity contributes to congestion, on-street
parking conflicts, and increased demand on public services, thereby
frustrating these zoning objectives; and
WHEREAS, enforcement of land use regulations in single-family districts presents
unique challenges when properties are used for transient lodging, requiring
additional municipal resources to address violations; and
WHEREAS, short-term rentals may contribute to the reduction of housing available for
long-term occupancy, thereby impacting the balance of residential supply
and demand and the affordability of housing within the City; and
WHEREAS, the City Council finds that short-term rentals are more appropriately located
in commercial districts where hotels and similar transient lodging facilities
are permitted by right; and
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WHEREAS, short-term rentals may also be accommodated within multi-family zoning
districts, where density, design, and shared facilities render the use more
compatible with its surroundings; and
WHEREAS, short-term rentals may additionally be appropriate in certain mixed-use or
transit-oriented development districts, where a planned integration of
residential, commercial, and lodging uses is anticipated; and
WHEREAS, the use of single-family residences by individuals for short periods of time
may negatively impact the residential character of many neighborhoods by
reducing communication and accountability between permanent residents
by partially substituting permanent residents with transient visitors; and
WHEREAS, the regulation of the use and operation of such short-term rental property is
intended to prevent the further erosion of pre-existing and stable single-
family neighborhoods, and further advance the City Council's goal of
creating exceptional quality of life for the community; and
WHEREAS, the rise of substitute land uses for residential property contributes to the
shortage of affordable housing, both ownership and long-term rental; and
WHEREAS, restricting short-term rentals to such districts ensures that the use occurs
only where impacts are consistent with surrounding land uses,
infrastructure capacity, and the City's adopted comprehensive plan; and
WHEREAS, by limiting short-term rentals to districts specifically suited for such use, the
City preserves the stability, safety, and quality of life in single-family
residential neighborhoods; and
WHEREAS, the City Council finds that regulation of short-term rentals is necessary to
protect the health, safety, and welfare of residents, preserve the integrity of
residential communities, preserve the availability of traditional residential
long-term housing supply, and implement the purposes of the zoning
ordinance; and
WHEREAS, the City Council finds that regulation of short-term rentals is necessary to
safeguard the life, safety, welfare, and property of short-term rental
occupants, neighborhoods, and the general public; and
WHEREAS, the City Council finds that regulation of short-term rentals is necessary to
minimize the adverse impacts resulting from increased transient rental uses
in neighborhoods that were planned, approved, and constructed for single-
family residences; and
WHEREAS, based upon the review of community feedback, data analysis, zoning
principles, and the recommendations of the Planning and Zoning
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Commission, the City Council concludes that adoption of this Ordinance is
in the best interest of the City and its citizens; and
WHEREAS, the City Council concludes that the adoption of this Ordinance is in the best
interest of maintaining the stability, quiet, and repose of lower-density
residential districts for single-family owners; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on September 4, 2025, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on September
8, 2025, which was continued and closed on October 13, 2025 with respect
to the zoning amendment to Sections 118-1, 118-631, and 118-633; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland Hills,
and all other laws dealing with notice, publication, and procedural
requirements for amending the Zoning Ordinance; and
WHEREAS, the City Council has determined that the proposed ordinance amendment
promotes the health, safety, morals, and the general welfare within the City
of North Richland Hills and is in the best interest of the City of North
Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1: Section 118-1, "Definitions," of Chapter 118 of the Comprehensive Zoning
Ordinance and the Code of Ordinances, City of North Richland Hills,
Texas, be amended to add the following definitions:
"Short-term rental (STR) means a dwelling that is:
(1) Used or designated to be used for residential purposes, including a
single-family residence or a unit in a multi-family residential building;
(2) Rented wholly or partly for a fee; and
(3) Rented for periods of less than 30 consecutive days."
SECTION 2: Section 118-631(a) of Chapter 118 of the Comprehensive Zoning
Ordinance and the Code of Ordinances, City of North Richland Hills, Texas
be amended by adding the "Short-term rental" land use to the table of
permitted uses and indicating permitted districts as follows:
Ordinance No.3922
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SECTION 118-631:TABLE OF PERMITTED USES
[#]=Conditions.Reference Section 118-633 for ' ,' 47qii,d 4,,%`r % i""�°
specific conditions to listed uses. R SIDENTIAI I,STRICFSS', .;' "u ON-RESIDENTIALDISTRICFS TOWN CENTER
P=Permitted by Right
S=Special Use Permit Required
[Blank]=Not Permitted w
NP=Not Permitted Y LL ; cu
n � 1- ci 'O Gl Ul O
B=Defers to Base Zoning District cis ry m v w = ti N O u
O W ri U �y N <
A=Ancillary u ; � z � z z � � � z O � c5 c5 O _ - I � ¢ � � � �
M,t oMMEROALrUSES eleja 4*, P aronc rk, V. ar.ds "WINS
Short-term rental 31 P P P P P
SECTION 3: Section 118-631(b), "Special land use regulations," of Chapter 118 of the
Comprehensive Zoning Ordinance and the Code of Ordinances, City of
North Richland Hills, Texas, shall be amended to read as follows:
"(b) Special land use regulations. Special land use regulations
referenced under"Conditions" in the table of permitted uses shall comply
with those requirements established in section 118-633."
SECTION 4: Section 118-633, "Legend for section 118-631; special land use
regulations," of Chapter 118 of the Comprehensive Zoning Ordinance and
the Code of Ordinances, City of North Richland Hills, Texas, be amended
by adding a new subsection (31) to set forth special land use regulations
for short term rentals to read as follows:
"(31) Short term rentals must comply with the following standards:
a. General criteria. All short-term rental uses must comply with the
requirements and regulations set forth in Article XII, Chapter 18 of this
code.
b. Multifamily short-term rentals. Short-tern rental use in a multi-family
residential building is limited to no more than five percent (5%) of the
total units in the complex or one (1) unit, whichever is more.
c. Commercial short-term rentals. Short-term rental use in the C-1 and C-
2 districts are limited to single-family homes in legal nonconforming
status which are in existence as of October 13, 2025.
d. Special Exception. When a short-term rental use would exceed the
density limitation of subsection (b), an applicant may apply to the
zoning board of adjustment for a special exception in accordance with
Division 2, Article II, Chapter 118 of this code. The board may consider
factors such as the following:
1. Whether operation as a short-term rental in excess of the density
limitation will adversely impact the neighborhood in which the
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property is located, including whether it will negatively impact the
residential nature of the,neighborhood;
2. Whether such operation is likely to disrupt adjacent residents'
right to the quiet enjoyment of their property (for example, is noise
likely to affect neighboring residents);
3. Whether such operation will substantially impact nearby streets
or traffic, including whether the property has limited parking; and
4. Whether other short-term rentals in excess of the density limitation
are already operating in that multi-family residential building.
e. Continuance of Operation. For properties located in zoning districts
where short-term rental uses are not permitted by right, the operator
of a property used as a short-term rental prior to October 13, 2025,
that comes into compliance with the requirements of Article XII,
Chapter 18 of this code, including obtaining a permit and paying all
hotel occupancy taxes owed for the property or otherwise entering into
a payment arrangement for said taxes with the City, on or before
January 31, 2026, may continue to operate so long as the operator
maintains compliance with all the requirements of Article XII, Chapter
18 of this code.
f. Discontinuance of Operations.
1. The operator of a property used as a short-term rental who is
unable, fails, or refuses to timely obtain a permit for operation as
a short-term rental pursuant to subsection e., shall discontinue the
short-term rental use on or before January 31, 2026, or thirty (30)
days from the notice of permit denial, whichever is later.
2. All short-term rental uses located in zoning districts where short-
term rentals uses are not permitted by right and issued a permit
under Article XII, Chapter 18 of this code shall discontinue the
short-term rental use within thirty (30) days after the revocation or
denial of the renewal of the short-term rental permit. A short-term
rental use that is discontinued under this subsection shall not be
resumed.
3. All short-term rental uses located in zoning districts where short-
term rental uses are not permitted by right shall be subject to the
abandonment provisions contained in Section 118-153(i) of this
code. A short-term rental use abandoned under this subsection
shall immediately discontinue the short-term rental use upon the
effective date of the abandonment. A short-term rental use that is
abandoned under this subsection shall not be resumed."
Ordinance No.3922
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SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances, City of North Richland Hills, Texas, as amended,
except when the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances and such code, in which event the conflicting
provisions of such ordinances and such code are hereby repealed.
SECTION 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are
severable, and if any section, paragraph, sentence, clause, or phrase of
this Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining sections, paragraphs, sentences, clauses,
and phrases of this Ordinance, since the same would have been enacted
by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 7: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and is punishable hereunder.
SECTION 8: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court .or not, under such
ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this Ordinance
as required by law, if applicable.
SECTION 10:This Ordinance shall be in full force and effect upon publication as required
by law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 13th day of October, 2025.
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CITY COUNCIL DID NOT TAKE ACTION
CITY OF NORTH RICHLAND HILLS
Jack McCarty, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Bradley A. Anderle, City Attorney
APPROVED AS TO CONTENT:
Cori Reaume, Director of Planning
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